What do I inherit from my mom if she had no Will?
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What do I inherit from my mom if she had no Will?
She died 3 ears ago. I am her only child and she was married but seperated for 7 years to my stepdad. She co-owned 2 properties, 1 of which he sold but gave me nothing since her death. The property i now live
in has a note from a refinance. He deeded the house to me and is now foreclosing on me because I missed payment due to hard times. My mom’s life insurance was $10,000 but I only received $1000 from him. He has since moved off with a girlfriend and wants to sell my home. What should I do?
Asked on June 4, 2019 under Estate Planning, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
1) The life insurance: this depends primarily on who the named beneficiary of the life insurance was. Life insurance is a contract; therefore, the money goes to whomever was named as beneficiary. Without knowing who was named, we cannot anwer this question as to life insurance.
2) The homes: the most important issue is how did they co-own them? If they owned them as "joint tenants with right of survivorship, or JTROS (the most common way for a married couple to co-own), then on her death, he bacame the sole, 100% owner.
If they owned the homes as tenants in common, he got a 1/2 interest in the homes and the right to (if he chose) use the primary residence for life; you inherited the other 1/2 interest in the homes.
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